Florida Statute 742.031 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 742
DETERMINATION OF PARENTAGE

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F.S. 742.031

742.031 Hearings; court orders for support, hospital expenses, and attorney fees.—

(1) Hearings for the purpose of establishing or refuting the allegations of the complaint and answer must be held in the chambers and may be restricted to persons, in addition to the parties involved and their counsel, as the judge in his or her discretion may direct. The court shall determine the issues of paternity of the child and the ability of the parents to support the child. Each party’s social security number must be recorded in the file containing the adjudication of paternity. If the court finds that the alleged father is the father of the child, it must so order. If appropriate, the court may order the father to pay the complainant, her guardian, or any other person assuming responsibility for the child moneys sufficient to pay reasonable attorney fees, hospital or medical expenses, cost of confinement, and any other expenses incident to the birth of the child and to pay all costs of the proceeding. Bills for pregnancy, childbirth, and scientific testing are admissible as evidence without requiring third-party foundation testimony and constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child. The court shall order either or both parents owing a duty of support to the child to pay support under chapter 61. The court must issue, upon motion by a party, a temporary order requiring child support for a minor child under s. 61.30 pending an administrative or judicial determination of parentage if there is clear and convincing evidence of paternity on the basis of genetic tests or other evidence. The court may also make a determination of an appropriate parenting plan, including a time-sharing schedule, in accordance with chapter 61.

(2) If a judgment of paternity contains only a child support award with no parenting plan or time-sharing schedule, the obligee parent shall receive all of the time-sharing and sole parental responsibility without prejudice to the obligor parent. If a paternity judgment contains no such provisions, the mother shall be presumed to have all of the time-sharing and sole parental responsibility.

(3) Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

(4)(a) A court may, upon good cause shown and without a showing of a substantial change of circumstances, modify, vacate, or set aside a temporary support order before or upon entering a final order in a proceeding.

(b) The modification of the temporary support order may be retroactive to the date of the initial entry of the temporary support order; to the date of filing of the initial petition for dissolution of marriage, petition for support, petition determining paternity, or supplemental petition for modification; or to a date prescribed in s. 61.14(1)(a) or s. 61.30(11)(c) or (17), as applicable.

History.—s. 3, ch. 26949, 1951; s. 1, ch. 59-45; s. 152, ch. 86-220; s. 18, ch. 88-176; s. 6, ch. 91-246; s. 1060, ch. 97-102; s. 68, ch. 97-170; s. 2, ch. 2004-47; s. 36, ch. 2008-61; s. 7, ch. 2023-213.

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Amendments to 742.031

Arrestable Offenses / Crimes under Fla. Stat. 742.031

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 742.031.

Annotations, Discussions, Cases:

Cases Citing Statute 742.031

Total Results: 20

Angel Givoanni Rivera and Ashley Nicole Isabel Brito v. Jennifer Salas

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-19T00:00:00-07:00

Snippet: 1978) (referring to sections 742.011, 742.021, 742.031, and 742.091 as "the determination of paternity

JOHELI CRUZ WHITE v. KEVIN LEE-YUK

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-21T00:53:00-07:00

Snippet: pending a determination as to paternity. See § 742.031(1), Fla. Stat. (2022) (“The court shall issue,

C.N. v. I.G.C.

Court: Fla. | Date Filed: 2021-04-29T00:53:00-07:00

Snippet: custody and the majority of time- 1. Section 742.031(1), Florida Statutes (2020), authorizes a court

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Fla. | Date Filed: 2015-03-26T00:53:00-07:00

Snippet: or other parental rights. See sections 742.031 and 744.301, Florida Statutes. d. ____ Pursuant…with the minor child(ren) is governed by sections 742.031 and 744.301, Florida Statutes.

Carmenates v. Hernandez

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-20T00:00:00-08:00

Citation: 127 So. 3d 631, 2013 WL 6097226, 2013 Fla. App. LEXIS 18409

Snippet: child support to Ms. Hernandez3 under section 742.031(1) of the Florida Statutes, which provides, in …ability of the parents to support the child.” § 742.031(1), Fla. Stat. (2013). A paternity action filed

D.J.S. v. W.R.R.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-24T00:00:00-07:00

Citation: 99 So. 3d 991, 2012 WL 5233621, 2012 Fla. App. LEXIS 18374

Snippet: pursuant to the guidelines in section 61.30. § 742.031(1), Fla. Stat. (2008). As to jurisdiction in paternity

C.J.E. v. S.D.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-15T00:00:00-08:00

Citation: 79 So. 3d 229

Snippet: guidelines in chapter 61, Florida Statutes. See § 742.031(1), Fla. Stat. (2008) (requiring court in paternity

Cje v. Sda

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-14T23:53:00-08:00

Citation: 79 So. 3d 229

Snippet: guidelines in chapter 61, Florida Statutes. See § 742.031(1), Fla. Stat. (2008) (requiring court in paternity

In Re Amendments to Florida Rules

Court: Fla. | Date Filed: 2011-09-28T00:53:00-07:00

Citation: 73 So. 3d 213

Snippet: time-sharing or other parental rights. See sections 742.031 and 744.301, Florida Statutes. d. ___ Pursuant

M.J.I. v. A.J.K.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-09T00:00:00-08:00

Citation: 55 So. 3d 732

Snippet: is true that both section 742.045 and section 742.031 authorize an award of attorney’s fees in paternity….2d 568, 570 (Fla. 2d DCA 1992) (holding section 742.031 unconstitutional to the extent that it prohibited

Mji v. Ajk

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-08T23:53:00-08:00

Citation: 55 So. 3d 732

Snippet: is true that both section 742.045 and section 742.031 authorize an award of attorney's fees in paternity….2d 568, 570 (Fla. 2d DCA 1992) (holding section 742.031 unconstitutional to the extent that it prohibited

In Re Amend. to the Fla. Family Law Forms

Court: Fla. | Date Filed: 2010-12-15T23:53:00-08:00

Citation: 59 So. 3d 792

Snippet: or other parental rights. See sections 742.031 and 744.301, Florida Statutes. d. ___ Pursuant…with the minor child(ren) is governed by sections 742.031 and 744.301, Florida Statutes.

Scariti v. Sabillon

Court: Fla. Dist. Ct. App. | Date Filed: 2009-05-06T00:00:00-07:00

Citation: 16 So. 3d 144, 2009 Fla. App. LEXIS 4208

Snippet: custody and awarded child support, citing section 742.031(1), Florida Statutes (1999), which provides that

Amendments to Approved Family Law Forms

Court: Fla. | Date Filed: 2009-03-26T00:53:00-07:00

Citation: 20 So. 3d 173

Snippet: other parental rights. See sections 742.031 and 744.301, Florida Statutes. d. ____ Pursuant…of the minor child(ren) is governed by sections 742.031 and 744.301, Florida Statutes. b.

Stewart v. Walker

Court: Fla. Dist. Ct. App. | Date Filed: 2009-02-25T00:00:00-08:00

Citation: 5 So. 3d 746, 2009 Fla. App. LEXIS 1506, 2009 WL 454496

Snippet: interest in his own child rather than abiding by § 742.031(2), Florida Statutes. He also asserts that intentional…custodial parent of a child born out of wedlock. §§ 742.031; 744.301 Fla. Stat." The trial court later…standing pursuant to a second statute. Section 742.031(2), Florida Statutes (2007), states: If a judgment…custody shall be presumed to be with the mother. § 742.031(2), Fla. Stat. In this case, the father had been…custody pursuant to the first sentence of section 742.031(2). Under the definition of tortious interference

In Re Adoption of Baby A.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-21T00:53:00-07:00

Citation: 944 So. 2d 380

Snippet: under Florida law.[20]See, e.g., §§ 409.2563, 742.031, Fla. Stat. (2004); see also State v. Bollinger

Sanchez v. Fernandez

Court: Fla. Dist. Ct. App. | Date Filed: 2005-07-27T00:00:00-07:00

Citation: 915 So. 2d 192, 2005 WL 1751268

Snippet: declaration in reference to the provision of section 742.031(1), (2), which states, in pertinent part: (1)

Adams v. Shiver

Court: Fla. Dist. Ct. App. | Date Filed: 2005-01-10T23:53:00-08:00

Citation: 890 So. 2d 1199

Snippet: of residence, as was his option under section 742.031(1). The parties operated under this arrangement…x27;s primary place of residence under section 742.031(2) and because she was the "de facto"…trial court *1204 overlooked the effect of section 742.031(1) and should be reversed, just as it should be

Rogers v. Brown

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-13T00:00:00-07:00

Citation: 884 So. 2d 523, 2004 Fla. App. LEXIS 14988, 2004 WL 2290910

Snippet: throughout the proposed retroactive period”); § 742.031, Fla. Stat. (2003)(providing that in a paternity

Camus v. Prokosch

Court: Fla. Dist. Ct. App. | Date Filed: 2004-08-19T00:53:00-07:00

Citation: 882 So. 2d 428

Snippet: support obligations pursuant to section 61.30. See § 742.031(1), Fla. Stat. (2003). The determinative factor